1. -BY
PRINCE YEAKEHSON (LL.M, MBA)
1

2. 2
LIBERIA

3. 
3

4.  Liberia is a country in West Africa that was
founded in 1820 by free American Slaves and
became an independent country in 1847.
 It has a current population of 3.7 million
people. Of that population, only 15% is
literate (can read and write English).
4

5.  Although the use of land line telephones
dates back in the 1970s, it was only
concentrated in the capital of Monrovia for
government offices and for families that
could afford to pay the bills.
 Today, there are four private mobile
companies providing cellphone services in
the country. Namely: 1. the Lone Star Tele –
Communication Network, 2. COMIUN 3.
CELLCOM and 4. The Liber Cell Network.
5

6.  The 5th service provider in this sector is the
state owned telecommunication network
called the Liberia Telecommunication
Corporation (Libtelco). It is designated as a
National Operator, responsible to provide
fixed wireless phone, wireless Internet and
fax services to the public.
6

7.  The fixed wireless phone services are available
for use as desk phone in public offices, at homes
as well as in various business enterprises and
other entities.
 About 35% of the population in Liberia makes
use of cell phones to communicate and about 1%
uses the land line to communicate while less
than 1% uses the fax system to communicate.
 (See
http://www.enlightenmenteconomics.com/assets
/africamobile.pdf)
7

8.  The use of desktop computers and laptops are
new to Liberia. The use of desktop computers
dates back in the late 1980s for few government
offices and use of laptop computers widely began
in 1996.
 About 5% of the population knows how to use
computer and about 3% uses the internet to
communicate especially through emails,
Facebook but Skype is still new to the Liberian
public. Less than 30 public corporations and
private companies own their own website.
8

9.  The phrase ―alternative dispute resolution
refers to looking outside the courtroom
setting to resolve some disputes that are civil
in nature.
 In other words, Alternative Dispute Resolution
("ADR") processes are alternative methods of
helping people resolve legal problems before
going to court. ADR involves an independent
third person, called a "neutral" who tries to
help resolve or narrow the areas of conflicts.
9

10.  The use of ADR early in a case can result in the
more efficient, cost-effective resolution of
disputes with greater satisfaction to the parties.
 More besides, one ADR method is voluntary,
private and confidential, quick and inexpensive,
informal and unstructured, parties control the
process, parties make their own decisions and
reach their own agreements (third party facilitate
and guides the negotiation process for common
ground), negotiated agreements can be
enforceable, and could result in a win-win
solution.
10

11.  Dispute is a fact of life. We face problems and
disagreements all the times: at home, on the
job, and in our neighborhoods. Not all these
disputes are serious, and we may choose to
ignore some without any consequences.
However, some are more serious and cannot
be ignored. If they are not dealt with, they
may become worse and take time and money
to resolve.
(See http://www.sagepub.com/upm-
data/40152_Chapter9.pdf)
11

12.  Going to court is one way of settling a
dispute and Liberia has no national
accreditation system for ADR. However, it can
be costly and time consuming to use the
traditional means for the court system to
resolve disputes. Moreover, it is not always a
satisfying process for the parties involved.
More and more, people are looking outside
the courtroom for quicker and potentially less
costly alternatives for resolving disputes.
12

13.  I strongly support the view that
integrated civil justice system
wherein the courts are a forum of
last resort, supported by other,
closely related techniques for
ensuring the law is open to all.
13

14. The European Commission suggests that:
―ADRs offer a solution to the problem of
access to justice faced by citizens in many
countries due to three factors:
1. the volume of disputes brought
before courts is increasing;
2. the proceedings are becoming
lengthier and;
3. the costs incurred by such
proceedings are increasing (See-Directive 2008/52/EC of
the European Council and of the Parliament of 21 May 2008 on Certain Aspects of
Mediation in Civil and Commercial Matters, O.J. No. L.136, 24/5/2008, p.3, available at
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:136:0003:0008:EN:PDF.)
14

15.  Unlike the United States of America and other
developed countries, the Liberian courts and
the Liberian people have not yet recognized
the effectiveness of ADR as a tool for settling
disputes. The traditional means of going to
court and some minimal levels of family
gathering to find a common ground between
the parties are still upheld.
15

16.  There are many alternative methods used
nowadays to resolve disputes. Some of these
are:
1.Mediation,
2. Negotiation and
3. Arbitration methods.
(See
http://www.law.cornell.edu/wex/alternative_di
spute_resolution)
16

17.  In fact the emerging development especially
in developed countries are the use of ―On-
line mediation‖ to resolve disputes that would
normally take years to reach a settlement in a
traditional court method of litigation. These
online methods are the use of set-up
websites (internet) that parties can file their
complaints and the mediator have the ability
to manage such information provided until
the matter is resolved.
17

18.  For example: 1. The use of a fax
machine, and 2. Telephone (cell phone
and use of text messages), 3. snail mail,
and the internet (email and website
services) are gradually replacing the
court system to resolve civil disputes like
personal injury claims, domestic
relations, labor matters etc (See-Ethan Katsh &
Janet Rifkin , Online Dispute Resolution: Resolving Disputes in
Cyberspace, p.118,2001)
18

19.  This presentation will endeavor to explore
and introduce alternative methods to resolve
conflicts in Liberia with the use of modern
technology (fax machine, the use of cell
phones/ telephone and somewhat by the use
of the internet) especially so given Liberia‘s
limited resources of human capital
development and technology.
19

20.  My presentation will focus on two alternative
methods to resolve dispute in Liberia:
1. Mediation method using the fax to
communicate, and;
2. Mediation method using the phone
(landline and cellphone-text messages) to
communicate and resolve civil disputes.
 These will be followed by recommendations
and conclusion.
20

21.  A fax (short for facsimile), sometimes called
telescoping, is the telephonic transmission of
scanned printed material (both text and images),
normally to a telephone number connected to a
printer or other output device. The original document
is scanned with a fax machine (or a telecopier), which
processes the contents (text or images) as a single
fixed graphic image, converting it into a bitmap, the
information is then transmitted as electrical signals
through the telephone system. The receiving fax
machine reconverts the coded image, printing a
paper copy. Before digital technology became
widespread, for many decades, the scanned data was
transmitted as analog.(See-
http://en.wikipedia.org/wiki/Fax).
21

22.  Although businesses usually maintain some kind
of fax capability, the technology has faced
increasing competition from Internet-based
alternatives. Fax machines still retain some
advantages, particularly in the transmission of
sensitive material which, if sent over the Internet
unencrypted, may be vulnerable to interception,
without the need for telephone tapping. In some
countries (like Liberia), because electronic
signatures on contract documents are not
recognized by law while faxed contracts with
copies of signatures are, fax machines enjoy
continuing support in business.
22

23.  In many corporate environments, standalone
fax machines have been replaced by "fax
servers" and other computerized systems
capable of receiving and storing incoming
faxes electronically, and then routing them to
users on paper or via an email (which may be
secured). Such systems have the advantage of
reducing costs by eliminating unnecessary
printouts and reducing the number of
inbound analog phone lines needed by an
office.
23

24.  Attorneys in Liberia are amongst the 15%
educated Liberians and also among the 3% of the
population that use the internet to communicate.
I supposed, the fax method of communicating
information to a neutral third party could be the
fastest technological method (than the snail mail)
by which a mediator could receive a timely
information to resolve a dispute. Parties will not
have to travel long distances to file their
complaints and submit evidence to a third party
mediator which is cost saving and easy.
24

25.  Much of the power of mediators resides in their
control over the process of communication. The
richer the interaction, the more mediators can
use their skills to assist the parties to move
toward consensus. Mediators do this not simply
by letting the parties talk but by managing the
flow and exchange of information. In order to
properly preserve the information received by
fax, the third party neutral mediator can scan the
documents and store them in a special folder on
his computer and also on other backup storage
devices.
25

26.  The concept of mediation is a voluntary process in which an
impartial person (the mediator) helps with communication and
promote reconciliation between the parties which will allow them
to reach a mutually acceptable agreement.
 Mediation often is the next step if negotiation proves
unsuccessful. The use of mediation is to
1. define problems or disputes,
2. settle those disputes,
3. manage conflict,
4. formulate policy;
5. negotiate contracts;
6. prevent conflicts and other specific functions.
( See
http://www.taosinstitute.net/Websites/taos/Images/PhDPrograms
CompletedDissertations/Susi%20Riva%20-
%20Conflict%20Narratives.pdf)
26

27.  The mediator manages the process and helps
facilitate negotiation between the parties. A
mediator does not make a decision nor force
an agreement. The parties directly participate
and are responsible for negotiating their own
settlement or agreement.
27

28.  At the beginning of the mediation session, the
mediator will describe the process and the
ground rules. The parties or their attorneys have
an opportunity to explain their views and submit
documents in evidence to support their
arguments of the dispute. A mediator helps each
side better understands the other's point of view.
Sometimes, the mediator will meet separately
with each side. Separate "caucusing" can help
address emotional and factual issues as well as
allow time for receiving legal advice from your
attorney. Mediations are generally held in the
office of the mediator or other agreed location.
28

29.  If an agreement is reached, it will generally be
reduced to writing. Most people uphold a
mediated agreement because they were a
part of making it. It can become a contract
and be enforceable. If there is no agreement,
you have not lost any of your rights and you
can pursue other options such as arbitration
or going to trial.
29

30.  It has been said that the best method of dispute
resolution is for the parties to become
adversarial through a face to face confrontation
and given that English is a second language
spoken in Liberia, the parties or their attorneys
might not be so comfortable with their pleadings
without physical appearance before a mediator to
argue their case. In this regard, the third party
mediator, after reading the parties complaint
documents and pieces of evidence, he must
develop a form -in question form- of the facts
stated in the complaint and fax it to the parities
to answer.
30

31.  For example, the question could be:
COMPLAINANT: 1. You said you purchase two
town lots from Defendant‘s father in 1966 .Did
you probate the land deed within two years of
the purchase and if so, can you fax me a copy
in two days? 2. Have you been cleaning the
land since you purchase it and if so when was
the last time you did so?
31

32. DEFENDANT: 1. you said you have no
knowledge of your father selling, leasing or
conveying the land in question to Complainant
and at no time to the best of your knowledge
you neither saw Complainant cleaning the
property nor built any structure on it. If the
contrary is proved by Complainant, will you be
willing to restore his rights and pay his
expenses for going through this mediation
process?
32

33.  In this regard, the mediator has to be fair and
transparent by furnishing the parties with the
responsive forms along with his findings.
 The Mediator must employ ethical standards:
competency and confidentiality to build trust.
Writers in the field of mediation normally
espouse a code of conduct that mirrors the
underlying principles of the mediation
process (See-Ethan Katsh & Janet Rifkin , Online Dispute
Resolution: Resolving Disputes in Cyberspace, p.145-167,
2001).
33

34.  In this respect some of the most common aspects of mediator
codes of conduct include:
1. a commitment to inform participants as to the process
of mediation;
2. the need to adopt a neutral stance towards all parties
to the mediation, revealing any potential conflicts of
interest;
3. the requirement for a mediator to conduct the
mediation in an impartial manner;
4. within the bounds of the legal framework under which
the mediation is undertaken any information gained by
the mediators should be treated as confidential;
 See http://www.slideshare.net/lizzywolf/conflict-mediation-
course
34

35. 5. mediators should be mindful of the
psychological and physical wellbeing of all
the mediations participants;
6. mediators should not offer legal advice, rather
they should direct participants to appropriate
sources for the provision of any advice they
might need;
7.mediators should seek to maintain their skills
by engaging in ongoing training in the
mediation process;
8.Mediators should practice only in those fields in
which they have expertise gained by their own
experience or training. (See
http://www.slideshare.net/lizzywolf/conflict-mediation-course)
35

36.  In view thereof, I think the mediation process using
the fax machine to communicate information for an
alternative dispute resolution will work better for
Liberia than the email method because only a small
portion of the population knows how to use computer
(and the internet) and in fact, the internet system is
mostly concentrated in the capital of Monrovia.
Unlike the internet system for email communication,
the fax system can work to every county in the
country because of the presence of the Liberia
telecommunication Network in the country. This
method can help to speed up communication of
complaints and documents to support the complaints
for the mediators to help resolve such dispute as they
arise.
36

37.  The emerging phenomenon driving the world
crazy today is the use of modern technology:-
Cellphone and the Internet. These modern
gadgetries have created a global village for the
peoples of the world to relate to one another in a
speedier and most effective ways than it has ever
been in the past. Cellphones enables one to
communicate to friends across the globe at any
time anywhere while the internet technology has
replaced the snail mail that took days, weeks or
even months to reach the receiver.
37

38.  The internet technology has made it even
possible to physically see friends across the
globe in a live discussion through the use of
for examples: 1. Skype, 2. Ovoo, etc.
Mediators across the world are also making
maximum use of these technologies to
resolve disputes.
38

39.  However, the uses of these modern technologies
are only possible and meaningful if they are
adequately available to the population and the
population is aware of their importance and are
educated to use them well. As mentioned, Liberia
has 15% literacy rate and of the 15% literate
population only 3% is computer literate.
Moreover, the internet service in Liberia is not as
strong as developed countries have and internet
service providers are very few and concentrate
only in the capital city of Liberia –Monrovia and
its environ. Therefore, the use of internet to
resolve disputes would be far-fetched. (See-
http://www.liberianbooks.org/faqsanswers.html)
)

40.  What would be possible however for ADR in
Liberia is the use of telephone and
cellphones. About 65% of the population uses
both telephones and cellphones to
communicate in and out of the country. This
is so because as mentioned, there are four
cellular companies in the country and no one
pays cellphone bill nor are cut off for refusing
to buy minutes from the cellular companies.
40

41.  Unlike developed countries, people in Liberia can
receive calls from anyone in the world without
being bill by the cellphone companies. All they
need to do is to make sure their cellphone
batteries are sufficiently recharged with power to
enable them receive calls. They will however not
be able to make calls if they didn‘t buy minutes.
In fact, cellphones are cheaper in Liberia that
average Liberians can afford to buy as low as
US$10.00 (which is about $700.00 (Liberia
Dollars).
41

42.  A mediator can make maximum use of this medium
(cellphone) to resolve disputes at any time anywhere in the
country once he follows the principles of mediation:
 1. Voluntariness,
 2. Informed Consent,
 3. Self-Determination,
 4. Impartiality
 5. Confidentiality,
 6.Avoiding Conflict of interest,
 7. Honesty and
 8. Competence/professional role boundaries
 (See-
http://www.bostonresolution.com/BDRS_services_mediation_pri
nciples.html; and see also- David A. Hoffman, Mediation:
Approaches and Insights(Juris Publishing 2003)).
42

43. Voluntariness-In order to work, mediation
must be a voluntary process where the parties
enter freely into mediation and any resulting
resolution. The parties are free to end
participation in mediation at any time. No
coercion is required in entering into agreement
to resolve a dispute;
(See
http://www.godr.org/files/APPENDIX%20C,%20
CHAP%201,%206-1-2012.pdf)
43

44.  Informed Consent-Before consenting to
participate in mediation, the parties have the
right to be informed about the mediation
process as well as their legal rights and
options. Mediators make every effort to
ensure that the parties are fully informed
about, and consent to, the mediation or other
ADR process, before and during the
mediation session; (See
http://meetings.abanet.org/webupload/commupload/DR018000
/sitesofinterest_files/Cooley-LoveArticle.pdf)
44

45.  Self-Determination-The parties—not the
mediator—will define the scope of the issues
at mediation, and will determine the
outcome;
 Impartiality-The parties are entitled to a fair
and impartial process, including a neutral,
impartial mediator; (See
https://www.legis.iowa.gov/DOCS/ACO/CR/LINC/06-27-
2013.chapter.11.pdf)
45

46.  Confidentiality-Knowing that the mediation is
confidential enables the parties to speak
freely and explore options without fear that
what they communicate at the mediation
might be used against them in court if the
dispute is not resolved. In addition to the
overall confidentiality of the mediation,
parties also may request that certain
information expressed in the presence of the
mediator in a private caucus not be shared
with the other parties; (See
http://www.adr.gov/pdf/final_confid.pdf)
46

47.  Honesty- For mediators, the duty of honesty
means, among other things, full and fair
disclosure of:
(a) their qualifications and prior experience,
(b) any fees that the parties will be charged
for the mediation, and
(c) any other aspect of the mediation which
may affect their willingness to participate
in the process; (See
http://bostonlawcollaborative.com/blc/72-
BLC/version/default/part/AttachmentData/data/2005-07-mediation-
ethics.pdf?branch=main&language=default)
47

48.  Conflict of interest- Mediators must avoid serving in cases
where they have a direct personal, professional, or financial
interest in the outcome of the dispute. This duty becomes
more complicated where the mediator‘s interest is indirect –
e.g., she works in a firm with someone who has an interest in
the outcome, or she is related to someone who has such an
interest. If the disclosure is made well in advance of the
mediation, so that the parties have the opportunity to choose
another mediator, their acceptance of the mediator – after full
disclosure -- generally resolves the potential conflict. In
some cases, however, the mediator should decline the case if
the conflict is so severe that even waiver does not cure it, or
the appearance of impropriety is so strong that it cannot be
resolved by full disclosure; (See
http://www.courts.state.nh.us/rules/pcon/pcon-1_7.htm)
48

49.  Competence/professional role boundaries-
Mediators have a duty to know the limits of
their ability; to avoid taking on assignments
they are not equipped to handle; and to
communicate candidly with the parties about
their background and experience. Sometimes
the parties want a mediator with subject
matter expertise (such as divorce), or a
particular set of process skills (such as
multiparty public policy negotiations).
 (See
http://www.spa.ga.gov/pdfs/wfp/GA_framework.pdf)
49

50.  If the mediator adheres to these principles he can
initiate an ADR Process using cellphones to
resolve disputes. He can make use of text
messages and voice mail and even video
recordings to gather data regarding the case.
Audio testimonies can also enhance the
mediation process especially if the parties are
unable to attend the mediation process or the
parties can call or leave a voice mail detailing
his/her complaint and the mediator will respond
objectively and communicate the defendant
regarding the complaint and the mediator can
arrange a meeting between the parties.
50

51.  The Court may enforce any agreement reached at
mediation. The parties to the mediation could
ensure explicit consent of each other, to request
that the content of a written agreement resulting
from mediation be made enforceable. The
content of such an agreement can be made
enforceable unless, in the case in question, either
the content of that agreement is contrary to the
law of the State. If the parties conclude an
agreement settling a dispute, that settlement
agreement should be binding and enforceable.
( See http://www.venable.com/files/Publication/f252c81a-4fb7-4288-
8975-a445e82c1da8/Presentation/PublicationAttachment/7ad39b6f-
f345-4512-b9a6-17df1201ffeb/988.pdf)
51

52.  The enforceability of outcomes is an important
feature of dispute resolution processes. A
decision of a court is legally binding and is
enforceable by the parties to the dispute and
enables the final resolution of a dispute. It is
important to note that mediation processes are
not binding in themselves, but agreements
reached through those processes can be made
binding. (See 1.
http://www.iphandbook.org/handbook/ch15/p0
3/, 2. http://en.wikipedia.org/wiki/Mediation)
52

53.  For example, a mediated agreement can be in
a binding contract, which can then be
enforced in court. It has been argued that
mediated agreements may prove to be long
lasting than imposed settlements, such as
court orders, because the parties have
voluntarily participated in drawing up the
terms of the agreement and are, therefore,
more likely to adhere to the terms of the
agreement; (See
http://www.nadr.co.uk/articles/published/mediation/m
ediated_agreements.pdf)
53

54.  Another example is , a structured
settlement with payment terms within a
party‗s ability to pay is much more likely
to be paid and useful to the other party
than a court money judgment which
leaves the prevailing party with the
unhappy task of moving forward with
collection actions as the loser simply
cannot make the payment. ( See
http://www.lawreform.ie/_fileupload/Reports/r98ADR.pdf)
54

55.  Government of Liberia (GOL)
 Bill Gate Foundation;
 American Bar Association (ABA);
 Knight Foundation;
 Global Benefits Group (GBG) ;
 Human Rights International Justices Recent Grant ;
 International Bar Association;
 Us International Grants Making Council On
Foundation;
 The American Society Of International Law Fellowship
And Research Opportunity;
 Council On Foundation ( International Legal Grant
Making), and;
 USAID
55

56.  It is important to reiterate that the potential
benefits of ADR, including the cost and time
effectiveness of the processes, must be
balanced against the reality that mediation
can also be seen as an additional layer on
civil litigation where it does not lead to a
settlement and that every step along the way
drives up the costs of litigation. Furthermore,
one should consider that there are a number
of cases which do not lend themselves well to
ADR processes.
56

57.  One such category, for instance, would
include those disputes involving allegations
of illegality or impropriety. ―Cases based on
allegations of fraudulent conducts or illegal
behavior (criminal conducts) is not conducive
to mediation because the polarized positions
that characterized these disputes inhibit
discussion. Moreover, they often place the
mediator in an impossible ethical position.
57

58.  ADR may not be appropriate in some cases
where power imbalances may exist which put
the parties on an unequal footing, allowing
one party to place undue pressure on the
other. The result may be that one party may
impose their solution on the other side. In
other cases there may be uncertainties in the
law which needs to be clarified, either
because there is a lot at stake in a particular
case, or because its outcome could affect a
number of other cases.
58

59.  Sometimes legal precedents need to be relied
on, or to be established for future cases.
There are cases in which public interest
dictates that a public hearing should take
place and a public decision be made.
Furthermore, any case in which a party is
motivated to engage in an ADR process, but
only for improper tactical reasons, is not one
appropriate for resolution through ADR.
59

60.  The corollary to the general rule that some types of
cases ought not to be resolved through ADR
processes is that parties to specific types of disputes
should nearly always be encouraged to consider
mediation. I think disputes which are most amenable
to resolution through mediation include:
1. appropriate family law disputes;
2. appropriate employment law disputes;
3. property disputes and, in particular,
i. boundary disputes;
ii. probate disputes,
4. appropriate medical negligence claims; and
5. commercial and consumer disputes.
60

61.  While it is difficult to set out general categories of cases which
are appropriate for resolution through mediation , it can be
suggested that features of appropriate cases include:
1. where the parties wish to restore or maintain their
relationship with the other party (parents, business
partners, siblings);
2. claims where the monetary and non-monetary costs
of litigation are disproportionately high in comparison
to the issues in dispute;
3. claims where one or both parties are seeking remedies which
are not available through the traditional court system (such
remedies may include: an apology, an explanation; flexibility
in relation to financial repayments; changes in administrative
procedures); and
4. where the parties wish to resolve the dispute in a confidential
and private manner.
61

62.  It is also important to note here that not all
cases are suitable for resolution by ADR, just
as the court based adversarial process is not
suitable for all cases. The decision to use ADR
should be made on the basis of a range of
factors including:
1. how best to serve the specific interests
of the parties and
2. how best to ensure that justice is
accessible, efficient, and effective for the
parties involved.
62

63.  With regards to enforceability of the agreement
reached by the parties, I recommend that:
1. a Court may, on the application of the
parties to any written agreement,
reached a mediation, enforce the terms
of that agreement where it is satisfied
that is appropriate to do so.
2. The courts should remain impartial to
enforce the parties agreement irrespective
of status in society of the parties involved.
63

64.  I also recommend that property boundary
disputes are appropriate for resolution
through mediation and those parties should
be advised by their legal representatives to
consider and attempt mediation or
conciliation in such disputes prior to the
commencement of litigation. Moreover, the
courts should continue to be pro-active in
advising parties in property disputes and to
consider the adjournment of hearings to
allow the parties to consider mediation.
64

65.  And as mentioned, due to Liberia‘s limited
resources and human capital development,
the use of internet and websites to resolve
dispute would be far-fetched, however, the
use of other methods like fax machines,
cellphones and audio recorders can be used
for out of court settlement of disputes.
65

66.  All that is required is national legislation to
encourage Liberians to go to mediation
before resorting to a traditional court system
especially to enforce the agreement reached
by the parties that was signed prior to going
to mediation. The court may set aside the
findings of a mediator or decision by
arbitrators if it is contrary to the laws of
Liberia or the agreement was reached by
duress, coercion, or fraud.
66

67.  Mediation is time saving, less costly, and can
enhance peace, friendship and lasting good
relationship between the parties.
 Indeed, Liberia needs concerted efforts to
ensure legislation for mediation and for the
courts to create national awareness and
encourage people to seek mediation first
before litigation.
 Mediation will help to strengthen peace in
Liberia.
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68. THANKS
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